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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 102162
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I was involved in an accident a few months back and I just

Customer Question

Hi. I was involved in an accident a few months back and I just received the bill. It's for around 4000$ and that's for the vehicle that was junked. Now the vehicle was a 2003 Hyundai sonata with a kbb value of around 2100 in perfect condition but prior to the accident I was in, the other driver had an accident a month prior to that where the vehicle was junked. So they're trying to charge me 4000$ for an already junked vehicle. None of the medical expenses were factored in, this is just for the vehicle. What can I do to take them to court to get a more reasonable settlement?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I understand that you were at fault, then. What one can do first is to send back a certified letter, making an offer on a payment that is less that they demand, and explaining why. There may be a few back and forth negotiation correspondences until the parties settle.

If settlement is not possible, then there is nothing to do. One waits to see if the party would file in Court, and then responds with an ANSWER that uses the affirmative defense stating that their request is not reasonable and hope the Court agrees. The Court should only allow a judgment for what is reasonable for the loss. Likely, this will be settled in mediation, anyhow.

However, there is no way to "force" the party to small claims court if one is the injured party (if the amount was bigger and not small claims court, there would be an option like this, but not for small claims).

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